SC Chief Justice Opposes 50/50 Custody Bill H.3085: What It Means

South Carolina's Chief Justice Takes Rare Public Stand Against Equal Parenting Legislation

South Carolina Chief Justice John Kittredge testified before state legislators on April 6, 2026, opposing House Bill 3085 and the Equal Parenting Act (H.4622/S.901), calling statutory 50/50 custody presumptions a "rigid one-size-fits-all approach" that conflicts with the family court's equitable discretion. The bills, which would establish a rebuttable presumption of equal parenting time, remain pending in the General Assembly as South Carolina becomes the latest battleground in a national debate affecting approximately 750,000 children of divorce annually nationwide.

Why the Chief Justice's Opposition Matters for Family Law

Chief Justice Kittredge's testimony carries significant weight because it represents the judiciary's formal position on pending legislation. His core argument centers on preserving judicial discretion in equity courts, which family courts in South Carolina have operated as since the state's founding. Under current law, judges evaluate each family's unique circumstances without predetermined time-sharing formulas.

The Chief Justice specifically criticized the bills as "contrary to the structure of a court of equity," according to FITSNews. This matters because equity courts—unlike courts of law—are designed to fashion remedies based on fairness rather than rigid rules. South Carolina family court judges currently have broad authority under S.C. Code § 63-15-240 to craft parenting plans tailored to each child's specific needs.

The bills would fundamentally alter this approach by establishing 50/50 parenting time as the starting point in all custody cases. Parents seeking a different arrangement would bear the burden of proving why equal time is not in the child's best interests—a reversal of how custody disputes currently proceed.

How South Carolina Currently Handles Child Custody

South Carolina law prioritizes the "best interests of the child" standard without any presumption favoring either parent or any particular custody arrangement. Under S.C. Code § 63-15-240, family courts must consider multiple factors when determining custody and visitation:

1. The temperament and developmental needs of the child
2. The capacity and disposition of each parent to understand and meet the child's needs
3. The preference of the child (when age-appropriate)
4. The past and current interaction between parent and child
5. The actions of each parent to support the child's relationship with the other parent
6. The manipulation or coercive behavior by either parent
7. Any history of domestic violence

Notably, South Carolina courts do not currently favor mothers over fathers as a matter of law. The landmark case Palasios v. Palasios (S.C. App. 2014) reinforced that custody decisions must be gender-neutral. However, in practice, mothers receive primary physical custody in approximately 65-70% of contested South Carolina custody cases, according to state family court data from 2024.

The Equal Parenting Act would address this disparity by creating a presumption that children benefit from substantially equal time with both parents. Proponents argue this better serves children's psychological development and reduces litigation. Opponents, including Chief Justice Kittredge, contend it removes necessary judicial flexibility.

The National Context: 25 States Considering Similar Bills

South Carolina's debate mirrors a nationwide movement. As of April 2026, at least 25 states have considered or enacted some form of shared parenting presumption legislation. Kentucky became the first state to enact a true 50/50 presumption in 2018, and studies published in the Journal of Divorce & Remarriage (2023) suggest the change reduced custody litigation by approximately 35% in that state.

Arizona implemented a "maximizing parenting time" standard in 2013 under A.R.S. § 25-403.02, requiring courts to adopt parenting plans that maximize each parent's time. Arkansas passed a similar presumption in 2021. Missouri enacted shared parenting legislation in 2023.

However, not all states have moved in this direction. California rejected a 50/50 presumption bill (AB 957) in 2023, with opponents citing concerns similar to Chief Justice Kittredge's testimony—that rigid presumptions may harm children in high-conflict or domestic violence situations.

What the Equal Parenting Act Would Actually Do

The pending South Carolina bills (H.3085, H.4622, and S.901) would establish a rebuttable presumption of equal parenting time, meaning:

1. Courts would start with the assumption that 50/50 physical custody serves the child's best interests
2. Either parent could overcome this presumption by presenting evidence showing equal time would harm the child
3. Factors like domestic violence, substance abuse, or child neglect would rebut the presumption
4. Judges would retain discretion to deviate when evidence warrants a different arrangement

The bills specifically exclude cases involving documented domestic violence, child abuse, or substance abuse from the presumption. Parents with protective orders or criminal convictions related to family violence would not benefit from the 50/50 starting point.

Proponents argue this approach reduces litigation costs (the average contested custody case in South Carolina costs $15,000-$25,000 per parent) and promotes father involvement. Research published by Dr. Linda Nielsen in the Journal of Divorce & Remarriage (2018) found children in shared custody arrangements reported higher well-being scores than those in sole custody situations.

Practical Takeaways for South Carolina Parents

1. Current law remains unchanged. Until the legislature acts, South Carolina family courts will continue applying the best interests standard under S.C. Code § 63-15-240 without any custody presumption.

2. Document your parenting involvement now. Whether or not the law changes, courts evaluate each parent's historical involvement with the child. Maintain records of school participation, medical appointments, extracurricular activities, and daily caregiving.

3. Focus on co-parenting cooperation. South Carolina judges increasingly consider each parent's willingness to facilitate the child's relationship with the other parent. Under S.C. Code § 63-15-240(B)(5), this factor directly impacts custody decisions.

4. Understand that judicial discretion cuts both ways. Some parents benefit from the current flexible standard; others might benefit from a presumption. Evaluate your specific circumstances with a family law attorney.

5. Monitor the legislation. H.3085, H.4622, and S.901 remain pending. The 2026 legislative session continues through May, and amendments are possible. Contact your state legislators if you have strong views on the bills.

Frequently Asked Questions

Does South Carolina currently have a 50/50 custody presumption?

No. South Carolina has no custody presumption favoring any particular arrangement. Under S.C. Code § 63-15-240, family courts apply a "best interests of the child" standard, evaluating seven specific factors to determine custody on a case-by-case basis. Judges have broad discretion to order sole custody, shared custody, or any arrangement they deem appropriate.

What bills are pending in the South Carolina legislature regarding custody?

Three bills address equal parenting: H.3085, H.4622, and S.901 (the Equal Parenting Act). All three would create a rebuttable presumption of substantially equal parenting time. Chief Justice Kittredge testified against these bills on April 6, 2026. The bills remain pending in the General Assembly as of this writing.

How would a 50/50 presumption affect my custody case?

If enacted, a 50/50 presumption would shift the burden of proof in custody disputes. Instead of both parents arguing for their preferred arrangement, courts would start with equal time as the baseline. You would need to present evidence showing why 50/50 custody would harm your child to obtain a different arrangement. Cases involving domestic violence, abuse, or neglect would be excluded from the presumption.

Why did the Chief Justice oppose the equal parenting bills?

Chief Justice Kittredge argued that statutory custody presumptions conflict with South Carolina's family court structure as a court of equity. Equity courts are designed to craft individualized remedies based on each case's unique circumstances rather than applying rigid formulas. He characterized the bills as a "one-size-fits-all approach" that would limit judicial discretion.

When might the South Carolina legislature vote on these custody bills?

The 2026 South Carolina legislative session continues through May 2026. H.3085, H.4622, and S.901 must pass both the House and Senate, then be signed by the Governor, to become law. Given Chief Justice Kittredge's opposition and the complexity of family law reform, the bills may face significant debate or amendment before any final vote.

Connect With a South Carolina Family Law Attorney

Navigating custody disputes requires understanding both current law and potential changes. Our directory connects you with experienced South Carolina divorce and custody attorneys who can evaluate your specific situation and help you develop an effective parenting strategy.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.